HomeMy WebLinkAboutCC Resolution 8421 (Merrydale Overcrossing)FOLLOWS:
RESOLUTION NO. 8421
A RESOLUTION
AUTHORIZING THE SIGNING OF A CONTRACT
FOR THE ACQUISITION OF RIGHT OF WAY
FROM THE MARIN ASSOCIATION OF REALTORS
FOR THE MERRYDALE OVERCROSSING PROJECT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS
The Mayor and the City Clerk are hereby authorized to execute,
on behalf of the City of San Rafael, a Right of Way Contract with the Marin
Association of Realtors for the acquisition of right of way necessary to
construct the Merrydale Overcrossing Project. A copy of said Contract is
hereby attached and by this reference made a part of this resolution.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and
adopted at a regular meeting of the City Council held on Monday, the 17th
day of June, 1991, by the following vote, to wit:
AYES : COUNCILMEMBERS : Boro, Breiner, Shippey, Thayer & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
N=.LEONC=,C Clerk
MERRYDALE OVERCROSSING PROJECT
4 -MRN -101
E.A. 115740
COOP NO 4-1216C
Portion of Property
APN 155-200-09
RIGHT-OF-WAY CONTRACT
CITY OF SAN RAFAEL
THIS CONTRACT IS MADE AND ENTERED INTO by and between the
CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY," and
MARIN ASSOCIATION OF REALTORS, INC., a California non profit corporation, hereinafter
referred to as "OWNER(S)."
WITNESSETH:
RECITALS
A. OWNER(S) is the owner(s) of that certain real property situate in the City of San
Rafael, County of Marin, State of California and commonly referred to as Assessor Parcel No.
155-200-09 and as more particularly described in the Preliminary Title Report No. 150695, dated
February 8, 1991, and prepared by First American Title Company of Marin, a copy of which is
attached hereto as Exhibit "A".
B. CITY desires to acquire a right of way in fee simple title (Exhibit "B", Parcel No. 5)
for roadway, drainage and utility purposes over a portion of OWNER'S property together with a
temporary construction easement (Exhibit "C", Parcel No.6) in order to conform Civic Center
Drive at its new proposed elevation. The above Exhibits are attached hereto and made a part hereof.
C. OWNER(S) is willing to grant the property rights described herein and CITY
agrees to purchase said property rights upon the terms and conditions hereinbelow.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND
AGREED as follows:
L OWNER(S) shall convey the property rights described herein by depositing in an
escrow designated by CITY a Grant Deed for Parcel No. 5. The Grant Deed shall be in a form
acceptable to CITY and suitable for recordation upon the following terms and conditions:
COPY
a) CITY shall deposit in escrow the sum of ONE THOUSAND FIVE
HUNDRED and NO/lOO DOLLARS ($1,500.00) payable contemporaneously
with delivery of the Grant Deed and a duly executed of Temporary
Construction Easement Agreement as consideration for the property rights
granted and all improvements and landscaping therein.
b) CITY shall not record the temporary construction easement.
c) Parcel 5 shall be conveyed to CITY free and clear of all liens and encumbrances,
taxes and assessments, penalties and costs, leases and licenses (recorded or
unrecorded), easements, rights-of-way, bonds and any and all restrictions of
record other than such title exceptions which may be acceptable to CITY.
d) CITY shall pay all escrow and recording fees incurred in this transaction
including the cost of title insurance, if desired by CITY. Evidence of title shall
be a standard policy of title insurance issued by the title company which acts as
escrow. Taxes shall be prorated, if required, as of the date of closing.
2. If this property is secured by a mortgage or deed of trust, OWNER(S) is responsible for
payment of any demand under authority of said mortgage or deed of trust out of OWNER'S
proceeds. Such amounts may include, but not be limited to, payments against principal,
processing costs or fees, if any. Any demand in excess of the maximum amount set forth in
Paragraph 1 shall be the responsibility of OWNER(S) to resolve with the mortgage or deed of trust
holder.
3. OWNER(S) agrees for the considerations herein to provide the temporary construction
easement to CITY and to allow CITY, its agents and/or contractors to enter upon OWNER'S
property on a temporary basis. Said temporary construction easement shall be for the construction
of the project and to construct and conform Civic Center Drive to its new location together with
replacement of existing rubble wall and all construction and storage of material and equipment
incidental thereto. OWNER(S) understands and agrees that after completion of the work said
improvements within the area of the temporary construction easement will be considered
OWNER'S sole property and OWNER(S) will be responsible for their maintenance and repair.
This permission becomes valid upon acceptance of this CONTRACT by CITY and will expire on
completion of the Merrydale Overcrossing Project Project at M.P. 13.5/13.6 or in no event later
than January 1, 1994, whichever is sooner.
4. As part of the project and at no cost to the OWNER(s), the existing lava -rock faced
retaining wall located along the east line of Civic Center Drive shall be replaced along the new east
line of Civic Center Drive. The replacement wall shall be of "like -kind" including visual
2
appearance as nearly as possible and shall be completed prior to completion of the project but in no
event later than January 1, 1994.
5. As part of the project and at no cost to the OWNER(s), the existing landscape irrigation
system lying easterly of the existing retaining wall and within Parcels 5 and 6, shall be severed and
the remainder portions of the landscape irrigation system shall be thereafter restored to operational
condition.
6. The area of the temporary construction easement (Parcel 6) shall be re -seeded for natural
grass ground cover prior to completion of the project and expiration of the temporary construction
easement term and in no event later than January 1, 1994.
7. OWNER(S) agrees it is not eligible to receive relocation assistance or benefits under the
Uniform Relocation Assistance Act.
8. Any notice or demand which either the OWNER(S) or CITY desire to serve upon the
other may be served either personally or by depositing the notice or demand in the United States
Post Office, postage prepaid, addressed as follows:
OWNER(S): MARIN ASSOCIATION OF REALTORS
P.O. BOX H
SAN RAFAEL, CA 94913-3907
CITY: City of San Rafael
Department of Public Works
P. O. Box 151560
San Rafael, CA 94915
9. Real Estate commissions will not be paid by CITY under this contract.
10. The parties have set forth the whole of their agreement herein. The performance of this
CONTRACT constitutes the entire consideration for the conveyance to CITY of said interests in
real property and shall relieve CITY of all further obligations or claims on this account or on
account of the location, grade or construction of the proposed public improvement. OWNER(S) or
OWNER(S') representative, has examined the plans, showing the location and the proposed
manner of construction of the CITY improvement for which the property interests referred to
herein are conveyed. Said plans have been reviewed by OWNER(S) or OWNER'S representative,
3
with a representative of CITY, and OWNERS) acknowledges that a full and complete explanation
of the plans has been provided.
OWNER(S):
MARIN ASSOCIATION OF REALTORS, INC.
a CaliforniaAion profit G oration I
BVGL G By
Title r l ��Q�a / / �9�1� Title �� S / �hv% ��
Date: /,4
02 02 l c%
CITY OF SAN RAFAEL
52.
Mayor - LAWRENCE E. MULRYAN'
Cleih JEANNE M�EONCINI
rd
Preliminary Report (Rev, 1 1/18/82)
First American Title Company of Marin
❑ 10 SOUTH KNOLL ROAD P.O. BOX 611 MILL VALLEY, CA 94942 (4 15) 383.3343
❑ 350 BON AIR CENTER SUITE 200 GREENBRAE, CA 94904 (415) 461.7570
❑ 1701 NOVATO BOULEVARD SUITE. 304 NOVATO, CA 94947 (415) 898.1665
jS 600 FIFTH AVENUE P.O. BOX 151289 SAN RAFAEL, CA 94901 (415) 454.2312
FOR EDW INQUIRIES REPLY TO: Tay Kern, Escrow Officer
Your No.'
Our Order No. 150695 TK SUPPLEMENTAL
In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue,
or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
herein at ter set forth, insuring against loss which maybe sustained by reason of any defect, lien ore ncum bra nce not shown or referred
to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said
Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the
Policy forms should be read. They are available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. It it is desired that liability be assumed prior to the issuance of a policy of title insur-
ance, aBinder or Commitment should be requested.
Dated as of February 8 .19 91 at 7:30 a.m. 11\
Title Officer ( I
The form of policy of title insurance contemplated by this report is: TO BE DETER -1INED
Title to said estate or interest at the date hereof is vested in:
KkRIN ASSOCIATION OF REALTORS, INC. ,
a California non profit corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
Al the dale hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as
follows:
EXHIBIT A
Affiliated x71h First American Title Insurance Company
7
4
J
First American Title Company of Marin
❑ 10 SOUTH KNOLL ROAD P.O. BOX 611 MILL VALLEY, CA 94942 (4 15) 383.3343
❑ 350 BON AIR CENTER SUITE 200 GREENBRAE, CA 94904 (415) 461.7570
❑ 1701 NOVATO BOULEVARD SUITE. 304 NOVATO, CA 94947 (415) 898.1665
jS 600 FIFTH AVENUE P.O. BOX 151289 SAN RAFAEL, CA 94901 (415) 454.2312
FOR EDW INQUIRIES REPLY TO: Tay Kern, Escrow Officer
Your No.'
Our Order No. 150695 TK SUPPLEMENTAL
In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue,
or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
herein at ter set forth, insuring against loss which maybe sustained by reason of any defect, lien ore ncum bra nce not shown or referred
to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said
Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the
Policy forms should be read. They are available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. It it is desired that liability be assumed prior to the issuance of a policy of title insur-
ance, aBinder or Commitment should be requested.
Dated as of February 8 .19 91 at 7:30 a.m. 11\
Title Officer ( I
The form of policy of title insurance contemplated by this report is: TO BE DETER -1INED
Title to said estate or interest at the date hereof is vested in:
KkRIN ASSOCIATION OF REALTORS, INC. ,
a California non profit corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
Al the dale hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as
follows:
EXHIBIT A
Affiliated x71h First American Title Insurance Company
1.695 Supplemental Continued page 2
1= 4
1. TAXES: County of Marin and City of San Rafael taxes for the fiscal year
1990-91:
1st Installment: $11,382.54, paid.
2nd Installment: $11,382.54, open.
Tax Bill No. 155-200-09 Tax Code Area 8-035
2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAP'T'ER 3.5 CQ6sENCING
WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
3. EASEMENT: Unrecorded slope easement over the Westerly portion as
disclosed by Map of Record of Survey of Lands of MacKenzie and Aureguy,
filed for record on September 20, 1965 in Book 4 of Record Surveys at
Page 53, Marin County Records.
4. THE FOLLO4ING items do not appear to be released of record:
A) Claim of. Lien by Wedell Group Architects and Environmental Planners
against Aureguy Construction Company, a partnership, John P.
Prescott and Ann Prescott, his wife, former owners, in the amount
of $12,311.79, recorded September 19, 1968 in Book 2241 of Official
Records, at Page 437, Marin County Records.
B) Action filed in the Superior Court, County of Marin, Case No.
52683, Wedell Group Architects and Environmental Planners, vs.
Aureguy Construction Company, a partnership, John P. Prescott, to
foreclose the lien under item No. 3 (A) above.
Lis Pendens recorded December 17, 1968 in Book 2262 of Official
Records, at Page 3B1, Marin County Records.
5. RESTRICTIONS: Declaration of Restrictions executed by Northgate East, a
limited partnership, and recorded August 27, 1973 in Book 2720 of
Official Records, at Page 569, Marin County Records, but deleting
restrictions, if any, based upon race, color, religion, or national
origin.
The conditions therein contain no express words of forfeiture or
reversion of title if violated.
6. RIGHT OF WAY: Right of Way for pipeline and access purposes, as
conveyed by Northgate East, a limited partnership, to The Marin
Municipal Water District, a public corporation by instrument recorded
September 17, 1973 in Book 2726 of Official Records, at Page 357, Marin
County Records.
The above instrument contains conditions, reference is made to the
record for full particulars.
150695 Supplemental Cont:iuec' age 3
7. CONDITIONS: Limitations, Conditions and Restrictions as contained in
the Declaration of Mutual Maintenance executed by Northgate East, a
limited partnership, recorded December 5, 1973 in Book 2747 of Official
Records, at Page 178, Marin County Records.
An Amendment to the above Declaration was recorded December 12, 1983 as
Recorder's serial No. 83062020, Marin County Records.
8. CONDITIONS: Terms, Covenants, Conditions, Limitations and Restrictions as
contained in Short Form Lease executed by and between Northgate East, a
California limited partnership, Lessor, and Botello Enterprises, a
California Corporation Lessee, for a term of 95 years, commencing on the
first day of the Calendar month beginning after the date when the
conditions in Exhibit "B" to lease have been fulfilled, recorded December
20, 1973 in Book 2750 of. Official Records, at Page 676, Marin County
Records.
Assignment of Lease, dated April 20, 1987, executed by Northgate East, a
California limited partnership, et al, recorded April 30, 1987 as
Recorder's Serial No. 87-28817, Marin County Records.'
By Assignment recorded November 16, 1989 as Recorder's Serial No.
B9-67013, Marin County Records, the Lessee's interest under the above
Lease was assigned from Arthur Zimmerman to Consolidated Title Services.
9. RIGHT OF WAY: Right of Way for pipeline and access purposes, as
conveyed by Northgate East, a limited partnership, to the Marin
Municipal Water District, a public corporation, by instrument recorded
August 6, 1974 in Book 2822 of Official Records, at Page 93, Marin
County Records.
The above instrument contains conditions, reference is made to the
record for full particulars.
10. RIGHT OF WAY: Right of Way for pipeline and access purposes, as
conveyed by Northgate East, a limited partnership, to the Marin
Municipal Water District, a public corporation, -by instrument recorded
August 6, 1979 in Book 2820 of Official Records, at Page 93, Marin
County Records.
The above instrument contains conditions, reference is made to the
record for full particulars.
11. EASEMENT: Easement and Right of Way for underground conduits and
related electrical purposes, 10 feet in width, as conveyed by Northgate
East, a limited partnership, in which A & M Development Company, Inc.,
is the General Partner, to Pacific Gas and Electric Company and the
Pacific Telephone and Telegraph Company, California Corporations, by
instrument recorded August 26, 1979 in Book 2826 of Official Records, at
Page 307, Marin County Records.
The above instrument contains conditions, reference if made to the
record for full particulars.
12. TERMS: Terms and provisions as contained in the Declaration of Easement
15U695 Supplemental Cont' -ed_page 4.
executed by Northgate East, recorded January 12, 1976 in Bcok 2982 of
Official Records at Page 66, Marin County Records.
13. RIGHT OF WAY: Right of Way for underground electrical facilities
together with all appurtenances and right incidental thereto as conveyed
by Northgate East to Pacific Gas and Electric Company, by instrument
recorded October 24, 1984 as Recorder's Serial No. 84050008, Marin
County Records.
14. EASEMENTS: Easements as the same are set forth in that certain
"Recipricoal Easement Agreement" executed by Northgate East, et al,
recorded December 31, 1986 as Recorder's Serial No. 86-75061, Marin
County Records.
Terms and Conditions as contained in the above Agreement.
15. EASEMENTS: Easements as the same are set forth in that certain "Grant
of. Easement" executed by Northgate East, et al, recorded December 31,
1986 as Recorder's Serial No. 86-75062, Marin County Records.
Terms and conditions as contained in the above Grant.
Amendment to the above Grant of Easement recorded August 30, 1989 as
Recorder's Serial No. 89-50455, Marin County Records.
Reference is hereby made to the record for full particulars.
16. SURVEY: Easements as the same are shown upon that certain survey map
entitled, "Record of Survey, Lot Line Adjustment, between Parcels 2 & 3,
8 P.M. 85 & Parcel A 20 P.M. 51, City of San Rafael, Marin County,
California", filed for record August 30, 1989 in Volume 26 of Surveys, at
Page 28, Marin County Records.
Reference is hereby made to the record for full particulars.
17. DEED OF TRUST: A Deed of Trust to secure an indebtedness in the original
principal sum of $1,100,000.00, and any other amounts and/or obligations
secured thereby, recorded November 16, 1989 as Recorder's Serial No.
89-67017, Marin County Records.
Dated: November 13, 1989
Trustor: Marin County Board of Realtors, Inc.
Trustee: American Securities Company, a corporation
Beneficiary: Wells Fargo Bank, National Association
Beneficiary Address as shown: P.O. Box 850, Santa Rosa, CA 95402
Loan No. None shown
18. DEED OF TRUST: A Deed of Trust to secure an indebtedness in the original
principal sum of $700,000.00, and any other amounts and/or obligations
secured thereby, recorded November 1, 1990 as Recorder's Serial No.
90-63857, Marin County Records.
Dated: October 20, 1990
Trustor: Marin Association of Realtors, Inc., a
California non profit corporation
Trustee: American Securities Company, a corporation
150695 Supplemental Continue -)age 5
Beneficiary: Wells Fargo Bank:, National Association
Beneficiary Address as shown: North Coast RCBO #2692, Post Office Box
850, Santa Rosa, Ca 95402
Loan No. None shown
19. LIEN: Claim of Lien by Christensen Tile, Inc. and against Marin Board of
Realtors in the amount of $23,295.00, recorded December 10, 1990 as
Recorder's Serial No. 90-70342, Marin County Records.
20. CONFLICT: The fact that the description contained in the Deed to Marin
Association of Realtors, Inc., a California non profit corporation, the
herein vestee, is conflicting with the herein described property as
described.
21. ANY AND ALL unrecorded leases which may affect the herein described
property.
NOTE: County of Marin and City of San Rafael Supplemental taxes for the fiscal
year 1989-90 have been paid in full in the amount of $6,944.98.
Tax Bill No. 155-200-09 Supplemental Tax Bill No. 130189-01
CHAIN OF TITLE: Title of the Vestees herein was acquired six months or more
preceding the date hereof.
DESCRIPTION
ALL THAT CERTAIN real property situtate in the City of San Rafael, County of Marin,
State of California, described as follows:
PARCEL ONE:
BEGINNING at a point in Civic Center Drive which is the Southerlv terminus of the
course described as "North 34°17'08" East 2,845.01'" on "Record of Survey, A
Portion of the Lands of Scettrini, et al" filed July 21, 1971 in Book 10 of
Official Surveys at Page 44; thence along the last named course (10 OS 44) North
34°17'08" East 28.15 feet to the TRUE POINT OF BEGINNING; ;thence North 28020'28"
West 16.41 feet; thence Northerly along a curve to the right, tangent to the
preceding course, having a radius of 848.05 feet, through a central angle of
31°00'16", an arc length of 458.91 feet; thence North 37°18'09" East 71.91 feet, and
North 61000'00" East 80.00 feet; thence Southeasterly along a curve to the left
whose enter bears North 68°4956" East, having a radius of 295.00 feet, through
a central angle of 20°08'41", an arc length of 103.72 feet; thence South 47°50'00"
West 73.03 feet, South 42010'00" East 98.00 feet, North 47°50'00" East 77.00 feet
and South 42°10'00" East 8.00 feet; thence along a curve to the left whose center
bears North 47°50'00" East having a radius of 76.00 feet, through a central angle
of 57°37'08" an arc length of 76.43 feet; thence along' a curve to the right whose
center bears South 09°47'08" East, having a radius of 44.00 feet, through a central
angle of 47°47'08", an arc length of 36.70 feet; thence South 52°00'00" East 5.03
feet to a point on said course "North 34°17'08" East 2,845.01'" (10 OS 44) first
herein described, which bears along said course (10 OS 44) North 34°17'08" East
426.79 feet FROM THE TRUE POINT OF BEGDNTNING: thence alonq the last named course
(10 OS 44) South 34°17'08" West 426.79 feet to the True Point of Beginning.
The above described parcel being further described as Parcel 2, as shann upon that
certain map entitled, "Parcel Mao of all the Land as shown Upon Record of Survey
of Lands of Mac Kenzie and Aurequy (4 O.S. 53) and Record of Survey of a portion
of the Lands of Scettrini, et al, (10 O.S. 44) San Rafael, Cal." filed for record
on August 24, 1973 in Book 8 of Parcel Maps, at Page 85, Marin Countv Records.
EXCEPTING THEREFROM, that portion conveyed to F. E. Trotter, Inc. et al,
Trustees by Quit Claim Deed recorded December 31, 1986 as Recorder's Serial
No. 86-75057, Marin County Records.
PARCEL TF O:
AN EASEMENT for access, utility and drainage purposes over the following
described parcel:
BEGINNING at a point in Civic Center Drive which is the Southerly terminus
of the course described as "North 34017'08" East 2,845.01 feet'" on "Record
of Survey, A Portion of the Lands of Scettrini, et al", filed July 21, 1971 -
in Book 10 of Official Surveys, at Page 44; thence along the last named course
(10 OS 44) North 34°17'08" East 485.00 feet to the TRUE POINT OF BEGINNING,
which is also the Trost Westerly corner of the 1.68 acre parcel shown on said
Record of Survey (10 OS 44); thence along the last named course, North 34°17'08"
East 2.01 feet and North 52°00100" West 2.95 feet; thence along a curve to the
left whose center bears South 38°00100" West having a radius of 76.00 feet,
through a central angle of 47°47'08" an arc length of 63.39 feet; thence along
a curve to the right whose center bears North 09°47'08" West havinq a radius of
44.00 feet, through a central angle of 57°37'08", an arc length of 44.25 feet;
thence North 42°10'00" West 101.60 feet and North 47°50'00" East 9.00 feet;
thence Northwesterly alL,-ig a irve to the right whose center L --ars i,orth 47°50100"
last having a radius of 250.00 feet, through a central angle of 24"53'00", an arc
length of 108.57 feet; thence North 17°17'00" West 52.86 feet thence along a curve
to the left whose center bears South 72043100" West having a radius of 300.00 feet,
through a central angle of 24000100", an arc length of 125.66 feet; thence North
41°17100" West 28.64 feet; thence along a curve to the left whose center bears
s8°43100" West, having a radius of 67.00 feet, through a central angle of 70°26'42"
an arc length of 82.38 feet; thence North 71°01'51" West 23.61 feet; thence South-
easterly alonq a curve to the right whose center bears South 63°08'42" West having
a radius of 452.03 feet, through a central angle of 10°15'14", an arc length of
80.90 feet; thence North 27°34'28" East 23.61 feet, South 86°47153" East 22.86
feet and South 41017'00" East 28.64 feet; thence along a curve to the right whose
center bears South 48°03'00" West having a radius of 255.00 feet, through a central
angle of 24°00'00" an arc length of 106.81 feet; thence South 17°17'00" East
52.86 feet; thence along a curve to the left whose center bears North 72°43100" East
having a radius of 295.00 feet, through a central angle of 24°01'45", an arc length
of 123.72 feet; thence North 47°50'00" East 3.97 feet and South 42°10'00" East 106.00
feet; thence along a curve to the left whose center bears North 47°50'00" East,
having a radius of 76.00 feet, through a central angle of 57`37'08", an arc length
of 76.43 feet; thence along a curve to the right whose center bears South 09°47'06"
East, having a radius of 44.00 feet, through a central angle of 47°47'08", an arc
length of 36.70 feet; thence South 52"00'00" East 5.03 feet to a point on said
course "North 34°17'08" East 2,845.01 feet" (10 OS 44) first described herein,
which bears along said course South 34 ° 17' 08" West 30.06 feet FR`:1 TPE TRUE PJT\,7
OF BEGINNING; thence along the last named course (a0 OS 44), North 34°17'08" East
30.06 feet to the True Point of Beginning.
PARCEL THREE:
EASFME'NT RIGHTS as the same are set forth in that certain "Reciprocal Easement
Agreement" executed by Northgate East, et al, recorded December 31, 1986 as
Recorder's Serial No. 86-75061, Marin County Records.
0"
EASEMENT RIGHTS as the same
executed by Northgate East,
Serial No. 86-75062, Marin
recorded August 30, 1989 as
Records.
PARCEL FIVE:
are set forth in that certain "Grant of Easement"
et al, recorded December 31, 1986 as Recorder's
County Records, and as amended by instrument
Recorder's Serial No. 89-50455, Marin County
A NON-EXCLUSIVE EASEMENT for roadway and public utility purposes over that
certain property, more particularly described as follows:
A PORTION OF PARCEL 2, as shown on the Parcel Map recorded August 24, 1973 in
Book 8 of Parcel Maps at Page 85, Marin County Records, and rrore particularly
described as follows:
BEGINNING at a point in Civic Center Drive, at the most Southerly corner of
the "Record of Survey of Lands of MacKenzie and Aureguy" recorded September
20, 1965 in Book 4 of Official Surveys at Page 53, Marin County Records,
which is the Southerly terminus of the course "North 340 17' 08" East,
2845.01 feet" as shown on the "Record of Survey, a Portion of the Lands of
Scettrini, et al" recorded July 21, 1971 in Book 10 of Official Surveys at
Page 44, Marin County Records, and also the most Southerly corner of the
parcel described in Deed from Northgate East, a partnership to the City of
Sian -Rafael, a municipal_ -)rpc tion, recorded December ., 1_ -) in Volume
2748 of Official Records, at Page 242, Marin County Records; thence along the
last named course (10 OS 44) North 34° 17' 08" East, 411.00 feet to the true
p :nt of beginning; thence leaving said last described course (10 OS 44)
North 55° 42' 52" West, 47.43 feet; thence Northwesterly along a curve to the
right, tangent to the preceding course, having a radius of 76.00 feet through
a central angle of. 13° 32' 52", an arc length of 17.97 feet; thence North 42°
10' 00" West, 45.16 feet to a point on the Northeasterly boundary of said
Parcel 2 (8 PM 85); thence along said Northeasterly boundary of said Parcel 2
(8 PM 85) the following courses and distances; Easterly along a curve to the
left whose center bears North 47° 50' 00" East having a radius of 76.00 feet
through a central angle of 570 37' 08", an arc length of 76.43 feet, and
thence Northeasterly along a curve to the right whose center bears South 90
47' 08" East, having a radius of 44.00 feet through a central angle of 47°
47' 08", an arc length of 36.70 feet; thence South 52° 00' 00" East, 5.03
feet to a point on said course "North 34° 17' 08" East, 2845.01 feet" (10 OS
44), first described herein, said point bears North 340 17' 08" East 43.94
feet from the true point of beginning; thence along the last named course
South 34° 17' 08" West, 43.94 feet to the true point of beginning; excepting
and reserving therefrom all lands lying more than 32.00 feet distant from the
following described course: from the true point of beginning, thence along a
course North 35° 42' 52" West, 47.43 feet.
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A PORTION OF THAT • �F IN PARCEL OF L iND Com.. JE O TO NORTIIGATE
EAST, A LIMITED PARTNEnSHIP BY A & M DEVELOPMENT COMPANY, INC., A
CORPORATION BY THAT DEED RECORDED SEPTEMBER 24, 1969 IN BOOK 2328
AT PAGE 443 OF THE OFFICIAL RECORDS OF MARIN COU14TY WHICH IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF PARCEL 2 AS
SHOWN ON THAT PARCEL MAP RECORDED AUGUST 24, 1973 IN BOOK 8 OF
PARCEL MAPS AT PAGE 85 OF THE RECORDS OF MARIN COUNTY, SAID POINT
ALSO BEING ON THE EASTERLY LINE OF TIUiT PARCEL CONVEYED TO THE
CITY OF SAN RAFAEL, A MUNICIPAL, CORPORATION BY NORTHGATE EAST, A
PARTNERSHIP IN THAT DEED RECORDED DECEMBER 10, 1973 IN BOOK 2748
O.R. PAGE 242. THENCE FROM SAID POINT OF BEGINNING N27'04'08"W A
DISTANCE OF 16.60 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
RIGHT, THE CENTER OF WHICH BEARS N62'55'52"E A DISTANCE OF 848.00
FEET, THROUGH A CENTRAL ANGLE OF 10'48151" AN ARC DISTANCE OF
160.05 FEET; THENCE N73'44143"E A DISTANCE OF 1.43 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS
N73'42'10"E A DISTANCE OF 722.50 FEET, THROUGH A CENTRAL ANGLE OF
12'54'47" AN ARC DISTANCE OF 162.83 FEET; THENCE S29'1213711E A
DISTANCE OF 11.01 FEET; THENCE S35'3312811W A DISTANCE OF 5.24
FEET TO THE POINT OF BEGINNING."
CONTAINING 444 SQUARE FEET MORE OR LESS ALL LYING IN THE CITY OF
SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
1729-0301-15
02/14/89
ws: Legal\1729.10
Q LA14D S
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CLELL GOODWIN, LS 4398
EXPIRATION DATE: 9/30/89
EXHIBIT B
AREA=
A C B
CEG
ve d
WILSEY & HAM
1035 E. HILLSDALE BLVD., FOSTER CITY, CALIF. 94404 • 349-2151
?'37'E
III
EXHIBIT FOR THE ACQUISITION OF
RIGHT OF WAY ALONG
rilrtr rPMTFR npix/F
DWG. NO
5
ISCALF I = 20
(DATE FEB 1989
I.
n rv1tl-LUB Ur 1t1111 UP—R 'Altd PARCEL OF LAND CONVEY --T) TO NDRTHGATE
E, .ST, A LIMITED PARTNF HIP BY A & M DEVELOPMENT MANY, INC., A
CORPORATION BY THAT DEzJ RECORDED SEPTEMBER 24, 1969 IN BOOR 2328
AT PAGE 443 OF THE OFFICIAL RECORDS OF MARIN COUNTY WHICH IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF PARCEL 2 AS
SHOWN ON THAT PARCEL MAP RECORDED AUGUST 24, 1973 IN BOOR 8 OF
PARCEL MAPS AT PAGE 85 OF THE RECORDS OF MARIN COUNTY, SAID POINT
ALSO BEING ON THE EASTERLY LINE OF THAT PARCEL CONVEYED TO THE
CITY OF SAN RAFAEL, A MUNICIPAL CORPORATION BY NORTHGATE EAST, A
PARTNERSHIP IN THAT DEED RECORDED DECEMBER 10, 1973 IN BOOK 2748
O.R. PAGE 242. THENCE FROM SAID POINT OF BEGINNING N35'33'28"E A
DISTANCE OF 5.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE
N29'12137"W A DISTANCE OF 11.01 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS N60 -47123"E A
DISTANCE OF 722.50 FEET, THROUGH A CENTRAL ANGLE OF 12'54'47" AN
ARC DISTANCE OF 162.83 FEET; THENCE N73'42110"E A DISTANCE OF
2.50 FEET; THENCE S23'2611011E A DISTANCE OF 133.18 FEET; THENCE
S34'3411811E A DISTANCE OF 34.59 FEET TO THE AFOREDESCRIBED
SOUTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID LINE
S35'33128"W A DISTANCE OF 11.65 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 1222 SQUARE FEET MORE OR LESS ALL LYING IN THE CITY OF
SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
SAND SG
V y 0
� 4398
C � t1t
CLELL GOODWIN, LS 4398
EXPIRATION DATE: 9/30/89
1729-0301-15
02/14/89 EXHIBIT C
ws: Legal\1729.11
ACB
CEG
ved
ARES
POB
5.24
0. B.
WILSEY & HAM
1035 E. HILLSDALE BLVD., FOSTER CITY, CALIF. 94404 • 349.2151
EXHfBIT FOR THE ACQUISITION OF
TEMP CONSTRUCTION F-ASEMENT ALONG
rlVlr` r..PNTFR DRIVE
DWG NO
6
I
(SCALE 1 = 20'
DATE FEB 1989
IPK NO